Al Khaled v Jacaranda Property Developments Pty Ltd & Ors [2012] NSWSC 755

Supreme Court New South Wales

Medium Neutral Citation: Al Khaled v Jacaranda Property Developments Pty Ltd & Ors [2012] NSWSC 755 Hearing dates: 04/07/2012 Decision date: 04 July 2012 Jurisdiction: Common Law Before: S.G. Campbell J Decision: (1) Each of the first to third defendants be granted leave under s 500(2) Corporations Act 2001 to continue its cross-claim already filed and served against Neatrule Cement Rendering Pty Ltd ACN 125 742 761 (In Liq). (2) Reserve liberty to the liquidator of the company to apply to revoke the grant of leave. (3) Neither of the first to third defendants be permitted to enforce any judgment against the company without further leave of the Court. (4) Calliden Insurance Limited to pay the costs of and incidental to the motion of each of the first, second and third defendants on the ordinary basis forthwith after they have been agreed or assessed, such costs extending to the costs thrown away by reason of Calliden Insurance Limited's successful application for adjournment made on Friday 29 June 2012. (5) The plaintiff's costs of today and of Friday 29 June 2012 are his costs in the cause. Catchwords: PRACTICE AND PROCEDURE - application by defendants for leave to proceed against company in liquidation pursuant to s500(2) Corporations Act 2001 - insurer seeks joining order under s 6(4) Law Reform (Miscellaneous Provisions) Act 1946 - HELD - leave to proceed as sought by defendants granted - COSTS - application for costs order against a non-party pursuant to 98(1)(b) Civil Procedure Act 2005 - order made - COSTS - order sought that costs be payable forthwith pursuant to r 42.7 Uniform Civil Procedure Rules 2005 - order made. Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 (NSW) Cases Cited: Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd (Receivers and Managers Appointed) (in liq) (No 2) [2009] FCA 42 Viscariello v Bernsteen Pty Ltd (in liq) [2004] SASC 266 Woollahra Municipal Council v Jefferies [1981] 1 NSWLR 377 Category: Procedural and other rulings Parties: Said Al Khaled (Plaintiff) Jacaranda Property Developments Pty Ltd (in liq) (First defendant/First cross claimant) Waco Kwikform Pty Ltd (Second defendant/Third cross claimant) Solidscaff Pty Ltd (Third defendant/Second cross claimant) Neatrule Cement Rendering Pty Ltd (Fourth cross claimant) Allianz Australia Workers Compensation (NSW) Pty Ltd (Cross defendant on the fourth cross claim) Representation: Counsel: T. Davy (Plaintiff) J. Sheller with T. Holmes (First defendant/First cross claimant) S. Waring-Lambert (solicitor) (Second defendant/Third cross claimant) J. Carroll (solicitor) (Third defendant/Second cross claimant) N. Bountros (solicitor) (Cross defendant on the fourth cross claim) C. Colquhoun (Calliden Insurance Ltd) Solicitors: Keddies Lawyers (Plaintiff)William Roberts Lawyers (First defendant/First cross claimant)Yeldham Price O'Brien Lusk (Second defendant/Third cross claimant)Wotton + Kearney Lawyers (Third defendant/Second cross claimant)Lee & Lyons Lawyers (Fourth cross claimant)DLA Piper Australia (Cross defendant on the fourth cross claim) File Number(s): 2010/113640